A single judge allowed a criminal writ petition. The court quashed a clause of an impugned order directing maintenance, restored that direction, and granted six months for the respondent to pay arrears.
Impugned order quashed regarding clause 2; direction to pay restoration; 6 months time granted for arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION.
CRIMINAL WRIT PETITION NO.481 OF 2007.
-----------------------------------------------------------------
Office notes, office
memoranda of Coram,
appearances, Court’sCourt’s or Judge’s orders.
orders or directions
and Registrar’s orders.
-----------------------------------------------------------------
Mr.A.S.Desai with R.S.Ghadge, for the Petitioner.
Mr.Girish R. Agarwal, for Respondent No.1.
Mr.D.P.Adsule, APP, for the Respondent-State.
CORAM : A.S.OKA, J.
DATE : 18th September 2008.
P.C.:
1.For the reasons separately recorded in the
Judgment, following is the operative part of the
order:-
2.The Writ Petition must succeed and I pass
the following order :-
(1) The impugned Judgment and Order dated
20th January 2007 is quashed and set aside
in so far as clause no.2 of the operative
part of the Judgment and Order is concerned
and the direction issued by the learned
Magistrate under order dated 12th December
: 2 :
2005 against the first Respondent to pay
maintenance @ Rs.1,200/- per month from the
date of filing of the application is
restored.
(2) The rest of the order is confirmed.
(3) The Writ Petition is allowed in above
terms. On the prayer made by the Advocate
for the first Respondent, time of six
months is granted to the first Respondent
to pay arrears of maintenance.
2 issues framed by the court
Whether to quash a judgment regarding maintenance payment.
Whether to grant time to the respondent for payment of arrears.
Petitioner
Respondent No.1
Respondent-State
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court